Sleep apnea decisions — 2017

The Board has determined that the Veteran's sleep apnea was not shown during active service and is not related to active service, thus denying his claim for service connection.

The Veteran's service-connected chronic low back syndrome with intermittent lumbosacral strain does not currently manifest in any symptoms and is attributed to nonservice-connected degenerative arthritis of the spine. As a result, he does not meet the criteria for a compensable evaluation.

The Board finds that the Veteran's current lumbosacral spine disability is related to active service and grants his claim for service connection.

The Board has remanded the case due to inadequate reasons and bases in the January 2012 VA examination report, and an additional medical opinion is needed to reconcile conflicting opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his OSA.

The Board found that the Veteran's sleep apnea is not related to service, including due to herbicide exposure or secondary to his service-connected hepatitis B. The claim was denied.

The Veteran is granted a 10 percent rating for lumbosacral strain prior to July 10, 2003. The claim remains pending for an increased rating from July 10, 2003.

The Board has decided in favor of the Veteran, granting service connection for sleep apnea. The decision is based on direct evidence and does not involve any presumption or secondary service connection.

The Veteran's claims for increased ratings for his degenerative arthritis of the left ankle, lumbosacral spine, and left foot drop have been denied. The claim for a compensable evaluation for the left fifth hammertoe remains pending.

The Veteran's son, A.J.S., is married and therefore not considered a qualifying child for VA benefits due to permanent incapacity before the age of 18.

The Board has determined that the Veteran's obstructive sleep apnea is presumed to have been incurred during service, as there was no evidence of pre-existing condition noted at entry and the presumption of soundness applies. The Veteran reported symptoms of sleep apnea in service and since separation from active duty.

The Veteran withdrew their appeal for a disability rating in excess of 10 percent for advanced degenerative changes of the lumbosacral spine.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected back disability. The matter will be further adjudicated based on the new evidence.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not more nearly approximate the criteria for a higher evaluation.

The Veteran's claims for service connection for diabetes mellitus and testicular cancer were denied as there was no verified in-country service, the conditions did not manifest during or within one year of separation from service, and there is no evidence linking these conditions to his military service.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis had its onset during his period of active duty.

The Board has determined that the Veteran's spinal disorders are not aggravated by any service-connected disability.

The Veteran seeks service connection for a sleep disorder, specifically obstructive sleep apnea. The Board has determined that an examination is needed to determine the nature and likely etiology of his claimed sleep disorder.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his military service. The remaining claims of service connection for respiratory and psychiatric conditions have been remanded.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and scheduling a VA examination to determine the nature and etiology of his claimed hypertension.

The Board has determined that the Veteran's current right knee disability, diagnosed as degenerative joint disease, is not service-connected due to a pre-existing condition noted at entrance into service. The Veteran's obstructive sleep apnea was also denied as there was no evidence of an in-service injury or disease.